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STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
x
RESOLUTION NO. 94-03
The Standard Vacation of
Maynard Road #500909
x
x
WHEREAS, the Jefferson County Board of Commissioners has directed the County Engineer to
examine said road and report his opinion as to whether this county road right of way should be vacated
and abandoned and all other facts, matter and things which will be of importance to the Board; and
WHEREAS, the Jefferson County Hearing Examiner held a public hearing on the road vacation
petition on November 18, 2003 and considered testimony of the public, comments from applicable
departments, agencies and offices, and recommendations from the Jefferson County Department of Public
Works and Jefferson County Department of Community Development at the public hearing; and
WHEREAS, the Jefferson County Hearing Examiner detennined at the public hearing that the
public will benefit from the vacation of this road and such vacation complies with the Jefferson County
Comprehensive Plan and other applicable plans, policies or ordinances; and
WHEREAS, the Jefferson County Board of Commissioners considered said Hearing Examiner's
report of the public hearing and his recommendation for the vacation request and hereby adopts the
Findings of the Jefferson County Hearing Examiner dated November 30, 2003;
NOW, THEREFORE BE IT RESOLVED that the following be vacated and abandoned pursuant to
RCW 36.87.140 and Jefferson County Road Vacation Ordinance No. 05-0924-01: All that portion of
Maynard Road No. 500909 defined as usage right of way lying Westerly of SR 101, mile post 271.73,
within the Plat of Junction City as recorded in Volume 2, Page 96 of plats, lying in the northwest 1/4 of
Section 24, Township 29 North, Range 2West, W.M., a distance of approximately 0.09 miles.
NOW BE IT FURTHER RESOLVED, In compliance with RCW 36.87.140, that Jefferson County
shall retain and reserve an easement within, over and across said right of way for the construction, repair,
and maintenance of public utilities, which have been authorized and/or are physically located on the
proposed right of way to be vacated.
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Clerk of the Board 0 ·
,2003
SEAL:
A TIEST:
JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
P,O, Box 2070
1322 Washington Street
Port Townsend, WA 98368
(360) 385-9160
Frank Gifford, Public Works Director
Robert G. Turpin, P.E., County Engineer
MEMORANDUM
TO:
Board of County Commissioners
Robert G, Turpin, County Engineer tf!;47
November 10, 2003
FROM:
DATE:
SUBJECT:
Engineer's Report on request to vacate a portion of Mavnard Road No. 500909
In accordance with Ch 36.87 RCW, I have examined the above referenced road, and submit the
following report.
1. The intent is to vacate all that portion of Mavnard Road No. 500909 defined as usage right of
way lying Westerly of SR 101, Mile post 281.73, within the Plat of Junction City as recorded
Volume 2, Page 38 of Plats on or about March 30, 1889, lying in the NW 1/4 of Section 24,
Township 29 North, Range 2 West. W. M.; a distance of 0.09 miles.
2. The portion of Maynard Road No. 500909 requested for vacation has not been used as a
County road or maintained by County forces for the last 10 years. The property owners, most
notably Puget Sound Energy, have provided any road maintenance.
3. This portion of Mavnard Road No. 500909 does not provide for area circulation nor does the
proposed action land lock any parcel of real property.
4. Jefferson County shall retain and reserve an easement for the access, construction, repair and
maintenance of public utilities, which have been authorized and/or are physically located on
the proposed right of way to be vacated.
5. The effectiveness of emergency services will not be impaired by this vacation.
6. Maynard Road No. 500909 does not abut a body of water.
RECOMMENDATION:
Therefore, based on the foregoing findings, the Department of Public Works recommends that the
Board of County Commissioners approve this vacation.
100% Recycled Paper
1
BEFORE THE HEARING EXAMINER FOR JEFFERSON COUNTY
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4
RE: County Initiated Road
Vacation for Maynard Road.
) File No. Maynard Road RW
)
)
)
) FINDINGS, CONCLUSIONS,
)
) AND RECOMMENDATION
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)
BACKGROUND:
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10 Maynard Road No. 500909 is defined as usage right-of-way and lies
11 westerly of SR 101, Mile Post 281.73, within the plat of Junction
12 City. The plat of Junction City was recorded December 28, 1889, and
13 the plat was vacated March 5, 1891. Maynard Road climbs from SR 101
14 generally parallel to Puget Power lines.
15 PROCEDURAL INFORMATION
16 SEPA:
Categorically exempt per WAC 197-11-800 (2) (h) .
1 7 Notices:
Mailed:
October 23, 2003
18
Posted:
October 24, 2003
19
Publication:
November 5 & 12, 2003.
20 Site Visit:
November 18, 2003.
21 Hearing Date:
November 18, 2003.
22 TESTIMONY :
23 The public hearing was opened on November 18, 2003, at 1:00 p.m. in
24 the Courthouse First Floor Conference Room. After the procedures for
25 the public hearing were explained, testimony was accepted. All
26 testimony was taken under oath. A verbatim recording of the public
27 hearing was made and is maintained in the Jefferson Permit Center
28 file.
29 Wendy Ward, Engineering Tech 2, presented the Staff Report and record.
Jefferson County, Petitioner
Maynard Rood R/W
Page 1
Findings, Conclusions
and Recommendation
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1 There were no others present to testify.
2 The public hearing was closed at 1:15 p.m.
3 TABLE OF EXHIBITS:
4 EXHIBIT/ATTACHMENT DOCUMENT DATE
1 Staff Report together with 8 Attachments No date
5 11/10/2003
A Memo from County Engineer
6 B Memo from Community Development Department 11/5/2003
7 C Letter from Puget Sound Energy .9/15/2003
D Email from Qwest 10/27/2003
8 E Assessor's & Vicinity Maps No date
9 F Posting Notice Verification 10/24/2003
G List of Adjoining Property Owners No date
10 H Aerial Photo No date
11
12 FINDINGS OF FACT
13 1. The petition is to vacate that portion of Maynard Road *500909
14 defined as usage right of way lying Westerly of SR 101, Milepost
15 281. 73 within the Plat of Junction City as recorded in Volume 2 of
16 Plats, Page 103, records of Jefferson County; lying within the NW ~ of
17 Section 24, Township 29 North, Range 2 West, W.M. ; a total distance of
18 approximately 0.09 miles.
19 2. The petitioner is Jefferson County.
20 3. Road vacations are exempt from SEPA, per WAC 197-11-800 (2) (h) .
21 4. The agency reviews are summarized in the following table:
22 Attachment Agency Comment
23 A Jefferson County Engineer Recommends approval
B Community Development Dept Recommends approval
24 C Puget Sound Energy Request easement for utilities
25 D Qwest No objections
Parks Advisory Board No objections
26 Fire Protection Dist 3
No response
27 Sheriff/Emergency Services No response
28 P.U.D. n No response
29
Jefferson County, Petitioner Page 2 Findings, Conclusions
Maynard Road R/W and Recommendation
1 REVIEW CRITERIA
2 Right-of-way vacation petitions are subject to JCC Chapter 12.10, Road
3 Vacations, and in particular the review criteria of JCC 12.10.130.
4 CONCLUSIONS OF LAW
5 1.
The record is unclear if the Plat of Junction City was actually
6 vacated since the historical documents appear in conflict with each
7 other, and since the Assessor Maps continue to show the plat~ Whether
8 or not the plat was vacated, the rights-of-way have not been improved;
9 and therefore, are vacated under RCW 36.87.090. Maynard Road remains
10 as a usage right-of-way. This vacation would clear title while
11 establishing an easement to protect the public utilities.
12 2.
The County Engineer responded with the following conclusions
13 after his investigation and recommends approval of the vacation:
14 · Maynard Road is defined as usage right-of-way.
15 · Maynard Road has not been used as a County road or maintain by
16
County forces for the last 10 years.
17
Maynard Road does not provide for area circulation.
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The vacation of Maynard Road would not land lock any parcel.
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Emergency services would not be impaired by this vacation.
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Maynard Road does not abut a body of water.
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"Jefferson County shall retain and reserve an easement for the
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access, construction, repair and maintenance of public utilities,
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which have been authorized and/or are physically located on the
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25 3.
proposed right of way to be vacated."
A review of the proposal's compliance with the seven criteria
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specified by JCC 12.10.110 follows:
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(1) The proposed road vacation complies with the Jefferson
County comprehensive plan and any other applicable plans,
policies, or ordinances.
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29 4.
This criterion is met.
Jefferson County, Petitioner
Maynard Road R/W
Page 3
Findings, Conclusions
and Recommendation
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5.
serve area circulation.
This criterion is met.
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6.
impaired.
This criterion is met.
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7.
This criterion is met.
An easement will be reserved for maintenance of public utilities.
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8.
(2) Roads should not be closed, vacated, or abandoned when land
uses or development plans, or occurring patterns, indicate their
usefulness for area circulation. Prior to a vacation decision, an
examination should be made of its probable effect on overall area
circulation in the neighborhood. Single or multiple vacations
should be considered a positive tool toward improving
neighborhood circulation and accesses.
As noted by the County Engineer, the usage right of way does not
(3) The effectiveness of fire, medical, law enforcement, or
other emergency services should not be impaired by the closure,
vacation, or abandonment of county roads. Appropriate authorities
should be consulted with respect to this policy.
As noted by the County Engineer, emergency services would not be
(4) Roads should not be closed, vacated, or abandoned when such
routes can effectively be used for utility corridors. Suitable
utility easements could be retained as a means of satisfying this
policy. Public and private utility companies and their plans
should be consulted with respect to this policy. In compliance
with RCW 36.87.140, the board of county commissioners may retain
an easement within the subject vacated area for the construction,
repair, and maintenance of public utilities and services.
(5) Roads should not be closed, vacated, or abandoned when such
routes can be effectively used for trails or pathways. Suitable
trail easements could be retained as a means of satisfying this
policy. The Jefferson County parks, recreation, and open space
plan should be used as a guide to determine trail needs.
The County Parks Advisory Committee had no objections to the
23 vacation.
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27
28
9.
29 met.
This criterion is met.
(6) In compliance with RCW 36.87.130, no county road or part
thereof should be vacated that abuts on a body of salt or fresh
water, unless the vacation is to enable any public authority to
acquire the vacated property for port purposes, boat moorage, or
launching sites or for park, viewpoint, recreational,
educational, or other public purposes, or unless the property is
zoned for industrial purposes.
Maynard Road does not abut a body of water.
This criterion is
Jefferson County, Petitioner
Maynard Rood R/W
poge 4
Findings, Conclusions
and Recommendation
1
2 10.
(7)
The proposed vacation will not land lock any parcel of property.
As noted by the County Engineer, the vacation would not land lock
3 any parcel. This criterion is met.
4
RECOMMENDATION
5
Based on the testimony presented at the Public Hearing, the documents
6
and exhibits admitted into the record, a visit to the site and
7
surroundings, and the above Findings and Conclusions, the Heòring
8
Examiner recommends that the petition by Jefferson County to vacate
9
the usage right-of-way of Maynard Road be APPROVED.
DATED this 30~ day of November 2003.
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Irv Berteig
Jefferson County Hearing Examiner
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Jefferson County, Petitioner
Maynard Road RíW
Page 5
Findings, Conclusions
and Recommendation